Fosamax Lawsuits

Fosamax is prescribed to increase bone density in patients (mainly menopausal women) with osteoporosis. Fosamax side effects include Fosamax osteonecrosis, also known as Fosamax dead jaw, and recently Fosamax femur fractures. Osteonecrosis of the jaw (ONJ) is a disease in which bone tissue in the jaw does not heal after minor traumas such as tooth extraction or oral surgery.

Fosamax

Since 2006, hundreds of Fosamax ONJ lawsuits against Merck, the manufacturer of Fosamax (the brand name for Alendronate), claim that rather than increasing bone density and strengthening bones, in some cases Fosamax has actually caused a deterioration of the jaw bone or contributed to femur fractures.

Fosamax belongs to a class of drugs called bisphosphonates--which also includes drugs Actonel, Boniva and Reclast among others--that are prescribed to help prevent the loss of bone mass and are used to treat osteoporosis and similar diseases.

Fosamax was approved by the FDA in 1995 to treat post-menopausal osteoporosis and Paget's disease of bone: a chronic, focal skeletal disorder characterized by greatly increased and disorderly bone remodeling. Since its approval, Fosamax has been taken by nearly 10 million men and women.

Fosamax Femur Fractures

In 2008, researchers at Cornell University Medical School released a major study revealing that Fosamax patients are more than 125 times as likely to suffer non-traumatic femur fractures than patients who have not taken Fosamax.

Other studies have suggested that patients using Fosamax may be at risk for increased risk of bone fracture, particularly spontaneous femur fractures. Reports published in the Journal of Clinical Endocrinology and Metabolism, the Journal of Orthopedic Trauma and other medical journals have warned that the drug produces an "increased susceptibility to, and delayed healing of, nonspinal fractures."

But it took the March 8, 2010, edition of ABC World News Tonight to fully expose the risk of low-energy, non-traumatic femur fractures for patients who take Fosamax for extended periods of time.

Dr. Robert Bunning, a rheumatologist at National Rehabilitation Hospital in Washington DC, said that in all of the 50 to 60 reported cases, most patients had been taking Fosamax or another type of bisphosphonate for more than five years.

Merck, the manufacturer of Fosamax, is reported to have said there has been no "causal link" demonstrated between long-term use of Fosamax and fractures. Clinical studies conducted by Merck have not shown any increased risk of fracture in any part of the body. On its website, however, Merck stated that clinical trials in postmenopausal women were of two or three years' duration. Other clinical studies were 3 and 4 years in duration, at the most.

Merck also states that " after you start taking Fosamax, even though you won't see or feel a difference and that for fosamax to continue to work, you need to keep taking it."

A spokesperson with the Food and Drug Administration, FDA, said the agency "is aware of this issue and are actively investigating it."

Fosamax ONJ

More than 2,400 patients taking bone building medications, however, have reported cases of ONJ. A connection was discovered between the class of drugs known as bisphosphonates and a serious bone condition called Osteonecrosis of the Jaw (ONJ). This finding, published in the Journal of Oral and Maxillofacial Surgeons, showed the side effects of Fosamax may include ONJ. The USC School of Dentistry speculates that bisphosphonates—including Fosamax-- make it easier for bacteria to adhere to bone that is exposed after a tooth extraction or dental surgery, which leads to ONJ.

The FDA and drug manufacturer Novartis issued warnings to health professionals in September 2004 about the potential of ONJ due to the use of bisphosphonates in chemotherapy patients. Most patients are treated with a more concentrated form of the drug, usually intravenously. While no statement was made about milder forms of the class, like Fosamax, many researchers see the potential for similar side effects.

Osteonecrosis of the jaw is a disease in which bone tissue in the jaw does not heal after minor traumas. Dental extractions that cause bone to become exposed can lead to fractures and infections often requiring long-term antibiotic therapy and surgery to remove the dead and dying bone tissue. Some researchers and pharmaceutical experts state that prevention and early treatment of patients using Fosamax is critical in the preservation of a healthy jaw bone. Individuals using Fosamax and other bisphosphonates should try to avoid tooth extractions and other major dental work while taking these medications.

Symptoms of Fosamax dead jaw include irregular sore with exposed bone, pain or swelling in the infected jaw; infection, possibly with pus; and/or an altered sensation, such as numbness or a heavy sensation.
The highest risk factors for ONJ are:

taking bisphosphonates, especially in IV form

concurrent use of steroids

previous history of cancer, osteoporosis or Paget's disease

traumatic dental procedure, such as tooth extraction or dental implants.

Fosamax Esophageal Cancer

In July, 2011, the FDA announced it was reviewing data concerning a potential link between the use of bisphosphonates and the development of esophageal cancer. The agency noted that conflicting results had been seen in two studies of bisphosphonates and esophageal cancer, leading the FDA to conduct a review. One study found no link between the use of bisphosphonates and esophageal cancer, while the other study found approximately double the risk of esophageal cancer in patients who had more than ten bisphosphonate prescriptions or who had used bisphosphonates for more than three years. The FDA has reported a number of patients using Fosamax who developed esophageal tumors since its approval, including at least 8 deaths.

The New England Journal of Medicine (January 2009) said that the FDA received at least 23 reports of Fosamax esophageal cancer by May 2008, and another 21 reports of esophageal tumors among users of Fosamax were filed in Europe and Japan.

Esophageal cancer affects the tube between the throat and the stomach. As the tumors grow, symptoms may include difficulty swallowing, loss of weight and coughing blood.

Fosamax Side Effects Warnings

In September 2011, two FDA advisory panels recommended strengthening the warnings on Fosamax but did not recommend what the new warnings should say nor did they recommend limiting use of the drugs to five years. In a 45-page report issued prior to the advisory panel meetings, FDA staff said studies suggest no significant benefit of continuing use of bisphosphonate drugs beyond five years. According to the FDA report, approximately nine percent of bisphosphonate users take the medications for longer than three years, with one percent using them longer than five years. The panels did recommend analyzing why the medications are prescribed for women who do not have osteoporosis. A revised label is expected later in 2011.

Fosamax Side Effects According to Merck

Merck's initial side effects stated that "side effects observed in clinical trials were generally mild. The most commonly reported drug-related side effects in subjects taking Fosamax were abdominal and musculoskeletal. Less frequently reported were other digestive disturbances such as nausea, heartburn, and irritation or pain of the esophagus"

Gastrointestinal: esophagitis, esophageal erosions, esophageal ulcers, rarely esophageal stricture or perforation, and oropharyngeal ulceration. Gastric or duodenal ulcers, some severe and with complications, have also been reported.

Localized osteonecrosis of the jaw, generally associated with tooth extraction and/or local infectionwith delayed healing, has been reported rarely

Fosamax Re-labeling

In March 2010, Merck released a statement finally acknowledging the link between Fosamax and ONJ and provided information for ONJ in its "Adverse Reactions" section of the package circular as well as in the patient package insert.

It also adds: "FOSAMAX should not be used if the patient has certain disorders of the esophagus that delay emptying or if the patient is unable to stand or sit upright for at least 30 minutes."

Merck included post-marketing experiences on ONJ and thigh fractures. Under its Adverse Reactions heading, the Fosamax Plus D label now includes post-marketing experience showing localized osteonecrosis of the jaw, generally associated with tooth extraction and/or local infection with delayed healing, has been reported in some patients, as has low-energy femoral shaft and subtrochanteric fractures.

Prior to the new labelling, Merck had removed from the Fosamax Precautions the FDA's proposed language indicating that osteonecrosis of the jaw had occurred in patients taking oral bisphosphonates, such as Fosamax.

The updated labeling does not include studies by the Cornell University Medical School (above).

In July 2005 Merck added a warning on page 13 of a 22-page document it distributed to pharmacies.

The Merck website stated the following: [Fosamax] may cause jaw-bone problems in some people. Jaw-bone problems may include infection and delayed healing after teeth are pulled improvement in bone density may be observed as early as 3 months after you start taking Fosamax, even though you won't see or feel a difference and that for fosamax to continue to work, you need to keep taking it.

The FDA ordered the makers of Fosamax and other bisphosphonates to list osteonecrosis in its precautions on package inserts. However, a lawsuit filed in a US District Court alleged that Merck deliberately concealed the drug's adverse side effects from doctors and patients and that Merck knew Fosamax could cause ONJ but still neglected to comply with the FDA's request to add a Fosamax warning to all drug labeling.

Fosamax Eye Problems

In April 2012, a study was released suggesting first-time users of Fosamax and other oral bisphosphonates may be at increased risk for serious inflammatory eye disease. The study, published in the Canadian Medical Association Journal (04/02/12), suggested that first-time users of the medications are at an increased risk of scleritis and uveitis. Although both conditions can be treated, if they remain untreated they can cause permanent eye damage.

Fosamax Lawsuits

Hundreds of individual lawsuits—and at least two class action lawsuits--have been filed against Merck & Co. relating to Fosamax and its association with osteonecrosis of the jaw—a painful and often disfiguring disorder without a cure.

In April 2012, Merck announced it had won its fifth of six lawsuits concerning Fosamax. According to the drugmaker, a jury found that the plaintiff had medical conditions that increased the likelihood she would develop jaw problems after dental surgery, dismissing her claims that Fosamax caused her jaw problems.

2006: In April 2006, a class action suit was filed in U.S. District Court at Fort Meyers, Florida against Merck, alleging that Fosamax caused, in some cases, osteonecrosis of the jaw.

2007: A class action was filed against Merck Frosst Canada in 2007, claiming the company failed to adequately warn that one of its medications had been associated with a higher risk of developing decay of the jaw bone. The class action also named Merck & Co., the New Jersey parent company of Merck Frosst.

Merck said it had put aside $48 million to set up a defense fund for cases alleging Fosamax causes osteonecrosis, or dead jaw. The bulk of cases were filed in federal court. By May 2008 Merck faced about 100 new lawsuits claiming the company failed to warn that Fosamax may cause an irreversible jaw-rot.

2008: In July 2008 The United States District Court for the Southern District of New York remanded several cases to state courts in the States of California, Florida, and Illinois. The District Court also taxed costs and fees against Merck for the removal of the cases to federal court.

2010: The federal District courthouse in Manhattan scheduled the Boles v Merck retrial for June 7, 2010. Shirley Boles' lawyers intend to call a Merck witness to establish that by 2007, Merck had been clearly told by FDA to revise the Fosamax labeling, and to bring it into line with the widely-accepted (WHO and FDA) definitions of what constitutes osteoporosis.

In January 29, 2010 a Manhattan federal judge refused to dismiss a lawsuit alleging that Merck's Fosamax caused jaw damage to an Indiana woman during the nearly eight years she took the pill.

These cases all claim that Merck failed to adequately research Fosamax and warn about the risk of jaw problems. There are approximately 900 lawsuits currently pending against Merck & Co.

Despite Merck's claims of safety, more than 2,400 people have experienced jaw death from taking Fosamax, including cases where the jawbone rots and dies. Anyone who has taken Fosamax and experienced adverse side effects, especially relating to osteonecrosis of the jaw or femur fractures, may be eligible to become involved in litigation against Merck & Co.

According to data from IMS Heatlh, in 2008 bisphosphonate sales exceeded $3.5 billion.In the same year, over 37 million prescriptions were written for the osteoporosis medications. Merck reported that, since their market introduction, over 225 million total prescriptions have been dispensed for FOSAMAX/FOSAMAX Plus D, Actonel (risedronate) and Boniva (ibandronate) in the US alone.

Fosamax Lawyer Help

If you or a loved one has suffered from ONJ or other side effects after taking Fosamax, you may qualify for damages or remedies that may be awarded in a Fosamax class action or lawsuit. Please click the link below to submit your Fosamax complaint to a Fosamax lawyer for a free case evaluation.

FOSAMAX LEGAL ARTICLES AND INTERVIEWS

Santa Clara, CA: About 5,000 Fosamax personal injury cases have been given renewed life this week, after the US Court of Appeals for the Third Circuit overturned an earlier dismissal of multidistrict litigation (MDL) which claims users of Merck's osteoporosis drug suffered femur fractures READ MORE

Los Angeles, CA Teva Pharmaceuticals has been denied a hearing of its appeal against a lawsuit that claims the company failed to warn of the health risks linked to generic versions of the osteoporosis drug Fosamax. The appeal stems from a lawsuit brought by Olga Pikerie, who claims her fractured thighbone resulted from her prolonged use of generic Fosamax. Pikerie alleged that Teva and other generic makers hadn't brought their warnings in line with an update of the branded Fosamax's label READ MORE

Edwardsville, IL Sandra didn’t know until her second femur break that taking Fosamax for more than five years could actually do more harm than benefit. Now she needs a knee replacement, again due to Fosamax side effects READ MORE

FOSAMAX SETTLEMENTS

READER COMMENTS

Posted byPennsylvania
on October 4, 2018

My mom broke both femurs, about three years apart. She now has titanium rods in both legs. Both injuries were horribly traumatic for her; in the second injury she almost died of kidney failure. She is now fighting a long-term battle with PTSD and panic disorder, neither of which she had to deal with prior to the second injury.

I am so sorry to hear all of the horror stories I have read here and on many other websites regarding bisphosphonates, particularly Fosamax. I find it surprising that Fosamax was ever FDA approved. The long-term risks to both jaws AND femurs is unmistakable. The most ridiculous part of the whole matter is this:

"Merck, the manufacturer of Fosamax, is reported to have said there has been no "causal link" demonstrated between long-term use of Fosamax and fractures. Clinical studies conducted by Merck have not shown any increased risk of fracture in any part of the body."

It's just like the tobacco companies that once said there was no "causal link" between smoking cigarettes and lung cancer or heart disease.

I'm sure Merck is fully aware of the "causal link" between admitting the truth and losing a big pile of $$$!!!

May justice be swift and thorough.

Posted byDorothy Sams
on July 15, 2017

In In 2004 I broke my right femur, after a possible fracture two weeks earlier, felt the pain between my knee and hip. My left wrist was also broken as a result of the fall. In 2007 the same thing with my left femur, breaking also my right knee and ankle, as the result of the fall. Since then I have had both shoulders fractured, and ribs twice. I was on Fosamax for a long time, but went off it after I broke my ribs.

Posted bySusan Davis
on April 12, 2017

Following chemotherapy for breast cancer, I was placed on Fosamax to be taken daily beginning in September 2005. By 2007, after dental issues I had never experienced before, I asked the oncologist if Fosamax could be causing the problem - she said she didn't think so. 1 week later, my 25 year old son died and I added many new types of doctors to my list to treat depression, anxiety, weight loss, ulcers, etc. Dental issues were continuing, but my focus as a single mother was on the loss of my son and helping my remaining daughter who was 19. My annual bone density tests were slowly degrading to what they are now - osteoporosis of the hip and spine, 20% risk of fracture. My dental issues were all unusual for me - cavities, mobile teeth that needed to be pulled, many root canals, crowns, long bridges, abscesses, hard and soft tissue grafts and most recently my lower front jaw had lost so much bone that it was no longer wide enough to support the bridge above it. 4 teeth were pulled, bone grafts added to front and back so that I could later have implants. The remaining tooth on either side of the graft are questionable - we are trying to save them. I didn't get a confirmation about Fosamax until I asked my periodontist in approximately 2012, but had no idea lawsuits were being filed. A maxofacial surgeon took a 3D image of my head, acknowledged the Fosamax, and said the affects will continue for a few more years - and I stopped taking it 5 years later, or in the Fall of 2009. The most recent surgery was 4 hours long, gruesome, and very painful. I am hoping someone will represent me legally for the physical, monetary, and emotional distress this has caused me for years.

Posted byDoris Cobbs
on February 13, 2017

I was prescribed Fosomax from 2007-2014, I'm unable to have a tooth extraction preformed due to the risk of potential jaw bone problems..?.Wow.....

Posted bycarolyn midgley
on January 24, 2017

I TOOK FOSIMAS SINCE '96! TO BE SURE MY SHOULDEER BREAK WOULD HEAL FASTER, WITH IN YR. IT DID BUT NO DR. EVER TOOK ME OFF. MY LAST DR. NEVER QUESTIONED TAKING ME OFF EVEN THOUGH I HAD'T HAD A TEST! I WAS UNDER HIS CARE UNTIL 2013 WHEN I HAD A COMPOUND FEMUR FRACTUR! COULD HAVE BLEED TO DEATH LUCKLY MY SURGEOR RECOGINIZED FOSAMAX BREAKS AND TOLD ME WITHOUT A DOUBT THAT IT WAS! I ASKED ON 3 WK. VISIT TO CK THE LEFT LEG. HE SAIT IT WAS UNLIKELY! I
ASKED 3 X'S AND HE SAID HE WOULD LOOK AT MY EMERGANCY ROOM EXRAY! RETURNED AND ORDERED AN XRAY! IT WAS FRACTURED THROUGH WAITING TO BREAK! HE SAID HE COUN'T PUT ME BACK IN SURGERY FOR 3 WKS!
I HAVE RODS IN BOTH FEMURS. I WAS A VERY ACTIVE 73 YR. OLD WHEN IT HAPPENED STILL ACTIVE AT 77 IN DEC. BUT HAVE HAD HIGH BLOOD PREASURE SINCE! THEN IRREGULAR HEART BEAT AND HAIR LOSS! I NEVER HAD EITHER! IN OCT. I HAD TO HAVE A PACE MAKER!
I FEEL I NEED A LAW SUIT AGAINST MY FORMER DR. AS NOTHING IS BEING DONE TO PROSECUTE FOR FEMURS! WHAT DO U THINK? THANK YOU

Posted bymegann marten
on October 11, 2016

OMG! I am 75 and doctor suggests i take fosomax. Of course i declined till investigating. I am so sorry for all you who have suffered from taking this medicine. Please know that i appreciate you taking time to report these terrible outcomes as it has saved me from taking it.

Posted byANONYMOUS
on September 29, 2016

FOSAMAX IS A VERY DANGEROUS DRUG. MERCK SHOULD BE HELD ACCOUNTABLE FOR THE DAMAGE DONE TO WOMEN THROUGHOUT THE WORLD.
HAVING RODS IN ONES LEGS DUE TO FEMUR FRACTURES FROM USE OF FOSAMAX IS MORE PREVALENT THAN KNOWN.
MERCK KNEW THE PERILS OF TAKING FOSAMAX. ONE KNOWS THE BENEFITS AS WELL AS THE RISKS

Posted byJane Tucker
on September 14, 2016

My dentist recently found a spot in my lower jaw that had grown quite a bit in the past 5/6 years and I had loosened teeth. I was sent to an oral surgeon to begin a biopsy and treatment plan. After thinking about the situation I made an appointment with my medical Kaiser Permante and saw a Maxillofacial Oral Surgeon, he diagnosed my cyst and teeth problems to the use of Fosamax. I have fought using the drug for years. I started taking Fosamax 10/2003, took it for year and discontinued use. I did not resume until I had bone scan in 2009?, and my doctor insisted I begin again. I started taking Fosamax again for a short amount of time and stopped. 2012?, after another bone scan my doctor asked me to begin again, this time I took it for about a year and stopped. Now I have this problem with my jaw and faced with loosing teeth and much more.

Posted byANTHONY MORRIS
on September 2, 2016

My Wife suffered two femur fractures, three operations, months in hospital and rehab.
One leg now shorter than the other.
Will never be the same.

Thanks to Boniva.

Show 15 More Comments

Posted byLynn
on July 25, 2016

I have been on Fosomax since January 2016. I was a lap swimmer but now pain in my right shoulder and arm prevents that. I have stopped taking the fosomax and only hope this problem gets better. Not as severe as most, so I guess I'm lucky, but sure miss my swimming.

Posted byArman Ravery
on May 1, 2016

My mother (83 years old) was prescribed Fosamax for several years. A few years ago, she had to have work done on her teeth. Nothing has been the same since then. Constant pains; several trips to ER due to severe pains. Inability to chew food; loss of remaining healthy teeth due to movement of the teeth, etc. She has lost pretty much all of her teeth. She is in the ER now (for 2 days) because of severe jaw pains. Help!

Posted byRamzia Gardizi
on November 19, 2015

I was taking Fosamax , then Boniva, Generic of Boniva for more then 15 years. I had surgery on both of my Femur. One fractured and the other one broke. No Doctor told me to stop taking this medicine. Now I am waking with walker.

Posted byNorth Carolina
on April 5, 2015

I have had my left and right femur eaten away by more than 10 years of using Fosamax. Rods were placed in both legs in two separate operations totaling eight days of hospitalizations, seven days in a rehab center, and 12 weeks of non-weight-bearing in a wheelchair.

Posted byMassachusetts
on March 16, 2015

Bilateral femural fractures.

Posted byAnonymous
on March 15, 2015

I WAS ON BONIVA THEN FOXAMAX ALENDERONATE.MY FEMUR SNAPPED I WAS ON THESE DRUGS FOR PREVENTED MY FEMUR BONE HAS A ROD I WALK WITH A WALKER EVERYDAY ISA CHALLENGE I TRIP I CAN ONLY WALK VERY CAREFULLY FEAR OF FALLING MY BALANCE I HAVE NONE .HOW COULD THIS HAD HAPPEN. MY DOCTOR NEVER TOLD ME OF ANY FEMUR FRACTURES OR JAW BREAKING.I HAVE RA I HAVE SUFFER EVERYDAY SINCE MY FEMUR BONE SNAPPED I BEGGED TO DIE BEFORE THE SURGERY.I CANT LAYED DOWN FOR MORE THAN A FEW HOURS MY LEGS ALWAYS HURT,MY TOES FREEZE UP. I CANT STEP OVER A CURVE.I CANT WALK MY TEN POUND DOG.EVERTIME I TAKE A SHOWER I HAVE TO HOLD ON TO RAILS.FORGET SWEEPING. SIMPLE HOUSE CLEANING.DONNA

Posted byColorado
on February 24, 2015

Broken femur and severe bone problems caused by Fosamax, and now have severe bone loss because of it. Could break another bone at any time. I just hate suffering like this. I am afraid to do anything for fear I will hurt myself.

Posted byCalifornia
on December 13, 2014

Two broken femur bones after taking Fosamax for four years.

Posted byNewfoundland
on October 1, 2012

Bilateral fractures in femur bones, I have just had surgery to have steel rods inserted in my legs to replace the damaged femur bones.

Posted byPennsylvania
on July 16, 2012

Dexa bone mineral density results of lumbar spine--study compared to the prior exam of 10/2009 showed worsening of -2.6% in 2011 exam. Results of the total left hip when compared to 2009 showed worsening of -8.7% in 2011 exam. I have experienced hip joint pain for the past 2-3 years.

Posted byMississippi
on February 9, 2012

I developed a crack in my left hip that remains today and lost most of my teeth that just broke off.

Posted byNew Hampshire
on September 15, 2011

After many years of taking Fosamax, approx 1 year ago I sustained a foot fracture (left) while walking down stairs and now approx 4 weeks ago I sustained a foot fracture (right) while walking. In both cases the fractures were not the result of trauma and my healthcare provider advises that I have likely suffered form the use of this med.

Posted byMaryland
on May 14, 2010

Fell in my own home walking from one room to another on November 2, 2008. The orthopedist who performed my first surgery (emergency) asked me if I was taking Fosamax. When I said "yes" he advised me to stop taking it immediately. After 8 months, with no healing, I was referred to another surgeon who replaced the original rod in my leg and also harvested bone from my right hip into my left hip to assist with the stimulation of bone growth. The second surgery was August 24, 2009 and I am still in pain. I have been out of work since the original fall, and am unable to sleep through the night. Every time I try to turn over, the pain wakes me up.

Posted byMassachusetts
on January 7, 2010

Acute jaw bone loss. My dental surgeon used bovine supplement in the jaw bone hoping new bone may grow which he says will take six months before tooth can be attached to my dental implant which was done two weeks ago.

Posted byCalifornia
on January 18, 2009

My teeth have moved and are loose. I can no longer bite anything. My front teeth cause me pain. Some back top teeth slip down and I must apply pressure to raise them. My teeth don't line-up anymore. My front teeth no longer meet in the center. One has moved to my right and out. The other front tooth goes inward. There is a dark spot on one that can not be cleaned away. I must be careful about what foods I eat. I don't eat corn on the cob or raw carrots, apples i.e. for fear of losing my teeth.

Posted byTexas
on December 6, 2007

She had been taking Fosamax, probably since it became popular, as she has osteoporosis. At this stage, she cannot bite food, and went from 132 pounds about a year ago to 86 pounds, because the pain is so great. Have had a new set of dentures; have had a "denturist" in Seattle readjust the dentures; was told to get "implants", all to no resolution to the pain and inability to eat.

Constant PAIN, inability to eat well, loss of weight to point of concern.

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